Amends 2008 Profiling Policy to Include Religion
RESOLVED, That the American Bar Association amends the 2008 policy regarding racial and ethnic profiling as follows {additions underlined; deletions struck-through}:
RESOLVED, That the American Bar Association urges federal, state, local and territorial governments to enact effective legislation, policies, and procedures to ban law enforcement’s use of racial and/or ethnic characteristics and/or religious affiliation (perceived or known) not justified by specific and articulable facts suggesting that an individual may be engaged in criminal behavior, hereinafter termed “racial, and ethnic, and religious profiling.” Racial, and ethnic and religious profiling does not include the use of racial or ethnic characteristics or characteristics indicative of religious affiliation (such as traditional religious dress) as part of a physical description of a particular person observed by police or other witnesses to be a participant in a crime or other violation of law.
FURTHER RESOLVED, That the American Bar Association urges that such legislation, policies, and procedures, except when impractical due to the small size or other characteristics of a law enforcement agency, should require:
- That law enforcement agencies have written policies, training, and supervision necessary to effectively implement the ban and funding necessary for these purposes;
- Data collection, on all police stops and searches, whether of drivers and their vehicles or pedestrians.
- Where feasible, independent analysis of data collected, and publication of both the data and the analysis; and
Funding for police agencies to be made contingent on compliance with these requirements.
RESOLVED, That the American Bar Association amends the 2008 policy regarding racial and ethnic profiling as follows {additions underlined; deletions struck-through}:
RESOLVED, That the American Bar Association urges federal, state, local and territorial governments to enact effective legislation, policies, and procedures to ban law enforcement’s use of racial and/or ethnic characteristics and/or religious affiliation (perceived or known) not justified by specific and articulable facts suggesting that an individual may be engaged in criminal behavior, hereinafter termed “racial, and ethnic, and religious profiling.” Racial, and ethnic and religious profiling does not include the use of racial or ethnic characteristics or characteristics indicative of religious affiliation (such as traditional religious dress) as part of a physical description of a particular person observed by police or other witnesses to be a participant in a crime or other violation of law.
FURTHER RESOLVED, That the American Bar Association urges that such legislation, policies, and procedures, except when impractical due to the small size or other characteristics of a law enforcement agency, should require:
- That law enforcement agencies have written policies, training, and supervision necessary to effectively implement the ban and funding necessary for these purposes;
- Data collection, on all police stops and searches, whether of drivers and their vehicles or pedestrians.
- Where feasible, independent analysis of data collected, and publication of both the data and the analysis; and
Funding for police agencies to be made contingent on compliance with these requirements.
